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AF | BCMR | CY2005 | BC-2004-00105
Original file (BC-2004-00105.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00105
            INDEX CODE:  108.07
            COUNSEL:  NONE
XXXXXXX
            HEARING DESIRED:  NO
XXXXXXX

MANDATORY CASE COMPLETION DATE:  12 Jul 05


_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition for Neurofibromatosis be  considered
as presumptive of Agent Orange due  to  his  tours  in  Vietnam  and  combat
related in order  to  qualify  for  compensation  under  the  Combat-Related
Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving in Southeast Asia, he was sprayed  with  Agent  Orange,  which
aggravated his disease.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  12
October 1950.  He was progressively promoted to the grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
September 1977.  He served in Southeast Asia from 17 February  1962  through
24 November 1962, and  from  18 October  1966  to  3  March  1967.   He  was
permanently  retired  for  disability  effective  20  April  1980,  with   a
disability rating of 100%.  He completed 27 years, 4 months, and 25 days  on
active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 100% for his unfitting conditions.

His CRSC application was disapproved on 16 December 2003, since his service-
connected medical condition was determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and states, in part, that  while  the  applicant
was treated for a congenital disease, Neurofibromatosis,  his  records  fail
to show a connection to a combat-related event.

The AFPC/DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  16
April 2004 for review and comment within 30 days.  As  of  this  date,  this
office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  available
evidence of record, it is our opinion  that  the  service-connected  medical
condition the applicant believes is combat-related was not incurred  as  the
direct result of armed conflict, while engaged in hazardous service, in  the
performance  of  duty  under  conditions  simulating  war,  or  through   an
instrumentality of war, and therefore, does  not  qualify  for  compensation
under the CRSC Act.  We agree with the opinion  and  recommendation  of  the
Air Force office of primary responsibility and adopt its  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  In the absence of evidence to the contrary, we find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
00105 in Executive Session on 6 April 2005, under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Michael V. Barbino, Member
                 Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Apr 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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